Andrew Stewart and George Williams, leading scholars and media commentators, explain what has been called the most important decision of the Australian High Court since 1983. In New South Wales and Others v. Commonwealth, the Court was being asked to rule on the constitutional validity of the Howard Government's "Work Choices" legislation--legislation which had shaken up the industrial relations system, produced massive street demonstrations, and ignited fierce debate about labour market reform. In a nutshell, the Work Choices reforms shifted the balance in favour of employers, giving them greater freedom in hiring and firing staff. In addition, the amendments sought to marginalise the role played by trade unions and industrial tribunals. The authors show what was being argued in the Work Choices decision, why it was being argued, what was decided when the judgment was handed down on November 14, 2006, and the implications for Australias future.
